Local DUI Laws

One of the most common questions drivers have after a DUI arrest is whether the charge is considered a misdemeanor or a felony. In Mississippi, the answer depends on the number of prior DUI convictions, the timeframe, and any aggravating circumstances involved in the case.

Mississippi’s legal framework separates DUI offenses into categories based on how many times the offense has occurred within a rolling five-year period. While most first and second DUI offenses are treated as misdemeanors, a third offense within five years becomes a felony, triggering a much more severe set of legal and long-term consequences.

This post will walk through how Mississippi classifies DUI charges, what differentiates a misdemeanor from a felony in this context, and what types of penalties and legal implications are involved. Whether you’ve been charged or are researching how DUI laws are enforced in the state, this guide provides a clear, in-depth understanding of how Mississippi handles DUI severity.

How Mississippi Classifies DUI Offenses

Mississippi law categorizes DUIs based primarily on how many prior DUI convictions a person has had within the previous five years. The more prior convictions, the higher the classification of the offense.

• First DUI offense: Misdemeanor
• Second DUI offense (within 5 years): Misdemeanor
• Third DUI offense (within 5 years): Felony

This means a driver with two prior DUI convictions within a five-year window who is arrested again will face a felony charge for the third DUI.

The state does not automatically escalate the charge based on blood alcohol content (BAC) or aggravating factors alone—although those can influence sentencing. Instead, it’s the number of offenses within the legal timeframe that determines whether the case becomes a felony.

Mississippi’s approach is straightforward: repeat offenses equal escalating consequences, culminating in a felony conviction that carries significant legal and personal ramifications.

Misdemeanor DUI: What It Means in Mississippi

A misdemeanor DUI is the standard charge for first-time and second-time DUI offenses in Mississippi, provided they occur within a five-year span. While a misdemeanor is considered less serious than a felony, it still carries meaningful penalties that affect a person’s record, finances, and driving privileges.

Penalties for a misdemeanor DUI in Mississippi may include:

• Jail time:
  • First offense: Up to 48 hours (may be waived in exchange for alcohol safety education)
  • Second offense: Mandatory 5 days to 6 months
• Fines:
  • First offense: $250 to $1,000
  • Second offense: $600 to $1,500
• License suspension:
  • First offense: 90 days
  • Second offense: 1 year
• Ignition interlock device: Required for second offenses and sometimes first, depending on the circumstances
• Alcohol education or treatment: Required for both first and second offenses
• Community service: Optional for first-time offenders, mandatory for second offenses (up to 10 days)

Although misdemeanor DUIs do not carry the long-term penalties of a felony, they remain on a person’s criminal record and can significantly increase the severity of future DUI charges.

Felony DUI: When It Applies in Mississippi

A third DUI offense within a five-year period is a felony in Mississippi. This is a critical legal threshold and marks a shift from short-term penalties to long-term consequences that can follow an individual for life.

Here’s what a felony DUI conviction in Mississippi typically includes:

• Prison sentence:
  • Mandatory minimum of 1 year, with up to 5 years possible
• Fines:
  • Between $2,000 and $5,000
• License revocation:
  • A full 5-year revocation of driving privileges
• Vehicle forfeiture:
  • The court may order the seizure and forfeiture of the offender’s vehicle
• Ignition interlock device:
  • Required upon any license reinstatement
• Substance abuse treatment:
  • Mandatory assessment and completion of a treatment program
• Felony record:
  • Permanent criminal record that impacts employment, housing, firearm rights, and more

Mississippi’s felony DUI laws are designed to target habitual offenders. The state places significant emphasis on public safety, and a third DUI conviction is seen as a serious risk indicator that demands enhanced penalties.

How Aggravating Factors Can Influence Sentencing

Although aggravating factors do not automatically elevate a DUI from a misdemeanor to a felony in Mississippi, they can have a major influence on sentencing outcomes within each classification.

Common aggravating factors include:

• Extremely high BAC (far above the legal limit of 0.08%)
• Refusal to submit to testing
• Causing injury or death to another person
• DUI with a minor in the vehicle
• Prior refusals or administrative penalties

If an individual causes serious bodily harm or death while driving under the influence, the state may charge them under separate felony laws such as vehicular manslaughter, which can lead to long-term imprisonment even for first-time offenders.

These enhancements illustrate how DUI cases in Mississippi are not just about offense count but also about the context in which the offense occurred.

Administrative vs. Criminal Classifications

In Mississippi, DUI penalties operate across two separate systems: criminal (court-based) and administrative (handled by the Department of Public Safety). The classification of the offense—misdemeanor or felony—is part of the criminal system, but both systems work together to enforce the consequences.

Here’s how they differ:

• Criminal classification determines whether a person is charged with a misdemeanor or felony. This affects jail or prison time, fines, probation, and criminal records.
• Administrative consequences include license suspension, SR-22 insurance requirements, ignition interlock mandates, and reinstatement procedures. These apply even if the person is not convicted in court.

So, even if someone avoids a felony conviction, they may still face long-term administrative consequences such as license suspension or interlock restrictions, especially after multiple offenses.

Understanding both tracks helps clarify why even misdemeanor DUIs can carry serious burdens, and why felony DUIs are often life-altering.

Long-Term Effects of a Felony DUI Conviction

A felony DUI in Mississippi has long-lasting effects that go well beyond the initial court sentence or license suspension. These include:

• Employment barriers: Many employers will not hire individuals with a felony record, especially in professions requiring licensing or trust.
• Loss of civil rights: Felony convictions can affect a person’s right to vote, serve on a jury, or possess firearms.
• Housing limitations: Many landlords conduct background checks and may reject applicants with felonies.
• Increased penalties for future crimes: Any subsequent offense is likely to be punished more severely due to the prior felony.

A third DUI conviction is not just another fine or a longer suspension—it fundamentally changes a person’s legal status and public record in a way that affects nearly every part of their life.

Avoiding Felony Charges: Prevention and Legal Strategy

Once a person has a second DUI on their record, it becomes crucial to avoid a third offense in the five-year window to prevent felony classification. While every case is different, here are some key strategies individuals may consider:

• Alcohol education and treatment: Courts often respond more favorably to individuals who take proactive steps toward rehabilitation.
• Ignition interlock compliance: Maintaining full compliance with interlock devices and all DPS requirements shows responsibility and may help reduce future penalties.
• Avoiding further infractions: Any additional moving violations or incidents can escalate both the legal and administrative response.
• Seeking legal counsel: Especially after a second offense, legal guidance can help navigate options and avoid long-term consequences.

Mississippi’s laws are structured to offer some flexibility to first-time offenders but leave little room for error after a second conviction. Prevention and compliance are key.

FAQ Section

Is a first DUI in Mississippi a felony?
No. A first DUI offense in Mississippi is a misdemeanor, typically resulting in fines, a short license suspension, and possible jail time.

When does a DUI become a felony in Mississippi?
A DUI becomes a felony on the third conviction within five years. This results in prison time, higher fines, and longer license revocation.

Can a second DUI be a felony?
No. A second DUI within five years is still a misdemeanor, but it carries increased penalties and fewer legal options compared to a first offense.

Are there other ways a DUI can become a felony?
Yes. Causing serious injury or death while driving under the influence can lead to felony charges under separate statutes, even for a first offense.

Do I lose my license after a felony DUI?
Yes. A felony DUI in Mississippi results in a five-year license revocation, and reinstatement requires proof of compliance with multiple requirements.

Does a felony DUI stay on your record forever?
Yes. Felony convictions remain on your permanent criminal record, which can affect employment, housing, and civil rights for life.

What if I refused the breathalyzer test?
Refusing the test triggers automatic license suspension and may increase your penalties in court. It does not elevate the charge to a felony on its own.

Conclusion

In Mississippi, whether a DUI is a felony or misdemeanor depends primarily on your prior offenses. A first or second DUI within five years is a misdemeanor, but a third DUI within that period becomes a felony, carrying serious legal and personal consequences. Aggravating factors like injury, death, or refusal to test can also influence outcomes and sentencing.

Understanding how Mississippi classifies and escalates DUI charges helps individuals make informed decisions and avoid permanent damage to their record and lifestyle.

To learn more about DUI laws across Mississippi and how charges vary by offense, explore our full overview on State By State DUI Laws. For insight into how these classifications affect sentencing and enforcement, visit our guide on How State DUI Laws Affect Arrests and Penalties.